SURENDRA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) This appeal arises out of a judgment of the learned single Judge in relation to a dispute of a society registered under the Societies Registration Act known as 'Gramopyogi Shiksha Pracharini Samiti, Bakarganj, Goraju, Kaushambi. The challenge in the writ petition was to the order dated 20th March, 2010 passed by the Assistant Registrar, Firms, Societies and Chits Allahabad who proceeded to register the list of office bearers and the members of the committee of management under Section 4 (1) of the Societies Registration Act, 1860 submitted by the contesting Respondents No. 4 and 5. The said list of office bearers are alleged to have been elected in the elections held on 14.9.2008.

(2.) The undisputed position is that the elections were previously held in the year 2001 and since the term of the said elections expired, a meeting is stated to have been convened on 10th April, 2004 for holding of fresh elections on 6th June, 2004. One Mr. Durga Prasad Singh was appointed as the Election Officer. The contesting Respondents allege that 76 members had been newly enrolled. This position was resisted by the Appellants and Durga Prasad Singh the Election Officer passed an order on 6.6.2004 staying the elections till the dispute of the aforesaid 76 members was decided. Consequently no elections were held and the matter remained pending.

(3.) The society also manages educational institutions including Dilip Singh Inter College Bakarganj, district Kaushambi. According to the scheme of administration of the said institution as alleged by the Appellants, the same electoral college of the parent society also holds the elections of the committee of management of the institution. The elections of the committee were also being delayed and on a direction of the High Court in a writ petition filed, the Joint Director of Education finalized the electoral college vide order dated 23.1.2008 holding that the 328 members of the parent society were entitled to participate in the elections.